|EGMR, 28.10.2010 - 22313/04|
- Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)
- EGMR, 12.05.2017 - 21980/04
SIMEONOVI v. BULGARIAThe third party reminded the Grand Chamber of the approach used by the Chamber in the case of Leonid Lazarenko v. Ukraine (no. 22313/04, § 57, 28 October 2010), in which the right to a fair trial had been found to have been irretrievably prejudiced by the fact that a confession obtained without access to a lawyer had been used for a conviction, even if they had not been the sole basis for it.
Neither subsequent legal assistance nor the adversarial process of the ensuing proceedings will necessarily cure defects which occur during the applicant's pre-trial custody period (see Mehmet Serif Öner v. Turkey, no. 50356/08, § 21, 13 September 2011; Leonid Lazarenko v. Ukraine, no. 22313/04, § 57, 28 October 2010; Salduz, cited above, § 58; and Plonka v. Poland, no. 20310/02, §§ 39-41, 31 March 2009)..
See also, on the vulnerability of detainees, Mehmet Serif Öner v. Turkey no. 50356/08, 13 September 2011; Plonka v. Poland, no. 20310/02, §§ 39-41, 31 March 2009; and Leonid Lazarenko v. Ukraine, no. 22313/04, § 57, 28 October 2010.
- EGMR, 11.07.2013 - 2775/07
RUDNICHENKO v. UKRAINEFurthermore, given the Court's findings regarding the unfairness of the domestic proceedings resulting in the applicant's conviction (see paragraphs 110 and 120 above), the Court considers it indispensable for the proper protection of human rights that a retrial (the possibility of which is envisaged in the Ukrainian legislation) be provided forthwith should the applicant so request (see, for example, Leonid Lazarenko v. Ukraine, no. 22313/04, § 65, 28 October 2010).
- EGMR, 19.12.2013 - 45872/06
YURIY VOLKOV v. UKRAINEFurthermore, the Court notes that where an individual, as in the instant case, has been convicted by a court in proceedings which did not meet the Convention requirement of fairness, a retrial, a reopening or a review of the case, if requested, represents in principle an appropriate way of redressing the violation (see, for example, Leonid Lazarenko v. Ukraine, no. 22313/04, § 65, 28 October 2010).
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